House Study Bill 121 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to obscene material by modifying the definition 1 of material and authorizing local regulation of certain live 2 acts, performances, and exhibitions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1475YC (6) 85 md/sc

H.F. _____ Section 1. Section 728.1, subsection 3, Code 2013, is 1 amended to read as follows: 2 3. “Material” means any book, magazine, newspaper , or 3 other printed or written material or any picture, drawing, 4 photograph, motion picture, or other pictorial representation 5 or any statue or other figure, or any recording, transcription 6 or mechanical, chemical , or electrical reproduction or any 7 other articles, equipment, machines , or materials , but does 8 not mean a live act, performance, or exhibition, including 9 those circumstances described in section 728.5, subsection 1, 10 paragraphs “a” through “c” . 11 Sec. 2. Section 728.11, Code 2013, is amended to read as 12 follows: 13 728.11 Uniform application. 14 In order to provide for the uniform application of the 15 provisions of this chapter relating to obscene material 16 applicable to minors within this state, it is intended that the 17 sole and only regulation of obscene material shall be under 18 the provisions of this chapter , and no municipality, county , 19 or other governmental unit within this state shall make any 20 law, ordinance , or regulation relating to the availability of 21 obscene materials. All such laws, ordinances , or regulations 22 shall be or become void, unenforceable , and of no effect on 23 January 1, 1978. Nothing in this section or section 728.5 24 shall restrict the zoning authority of cities and counties 25 or the authority of cities and counties to enact ordinances 26 or rules that regulate a place of business or establishment 27 operating within the city’s or county’s jurisdiction that 28 permits or allows the circumstances described in section 728.5, 29 subsection 1, paragraphs “a” through “c” . 30 EXPLANATION 31 This bill relates to Iowa’s law governing obscenity. 32 Current Code section 728.1(3) defines “material” as any book, 33 magazine, newspaper, or other printed or written material or 34 any picture, drawing, photograph, motion picture, or other 35 -1- LSB 1475YC (6) 85 md/sc 1/ 2

H.F. _____ pictorial representation or any statue or other figure, or any 1 recording, transcription or mechanical, chemical or electrical 2 reproduction or any other articles, equipment, machines, or 3 materials. The bill amends the definition of material to 4 exclude live acts, performances, or exhibitions, including the 5 actual or simulated public performance of any sex act, the 6 exposure of the genitals or buttocks or female breast of any 7 person who acts as a waiter or waitress, and the exposure of 8 the genitals or female breast nipple of any person who acts 9 as an entertainer, whether or not the owner of the place of 10 business in which the activity is performed employs or pays any 11 compensation to such person to perform such activity. 12 The bill also provides that Code section 728.5, establishing 13 criminal offenses for specified live acts, performances, and 14 exhibitions, and Code section 728.11, limiting local government 15 authority to regulate the availability of obscene materials, 16 shall not restrict the authority of a city or county to 17 enact ordinances or rules that regulate a place of business 18 or an establishment operating within the city’s or county’s 19 jurisdiction that permits or allows the actual or simulated 20 public performance of any sex act, the exposure of the genitals 21 or buttocks or female breast of any person who acts as a waiter 22 or waitress, and the exposure of the genitals or female breast 23 nipple of any person who acts as an entertainer, whether or not 24 the owner of the place of business in which the activity is 25 performed employs or pays any compensation to such person to 26 perform such activity. 27 In 2012, the Iowa Supreme Court in Mall Real Estate, L.L.C. 28 v. City of Hamburg construed the definition of “material” in 29 Code section 728.1(3) to include live performances and held the 30 city of Hamburg’s ordinance regulating places of business that 31 offer or permit nude dancing to be preempted by state law and 32 unenforceable. 33 -2- LSB 1475YC (6) 85 md/sc 2/ 2